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Topic
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Hi, we have a leak in the bedroom (2nd), around the window seal. Apparently it’s from the down pipe from the rooftop and is under building warranty claim that seems to be going on for ever. Some 2 years (almost) ago, I received a phone call from my managing agent saying the bedroom is full of mould and damage, we need to get it fixed and re-painted, I said go ahead not being aware of the leak at this stage.
Some months later we found out about the leak and submitted the bill to the Owners Corporation, the executive committee denied the claim based on not following due diligence, I re-submitted explaining I was sleeping in a hospital beside my dad in end of life care and had to make a decision. I have never received a response although chasing up the Strata Manager, who has just advised me the decision stands from the Executive Committee.Can someone tell me my rights and what I do about this the amount was $750, so not overalls worried, just think it needs to be fair and just as per the Act.
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OverIt – to be fair, I can see two sides to your story.
On the assumption that you’re in NSW, the first side is that whilst the Owners Corporation (of which you’re a member by the way) is responsible for maintaining its Common Property, of which your bathroom window and its seal is a part, they also have the right to obtain their own quotations and engage the tradesperson of their choice to undertake that maintenance, and in a way that doesn’t compromise its building warranty claim.
A possibly allied issue is that the invoice you submitted to your Owners Corporation (O/C) may have been made out to a third-party (i.e. you), in which case some O/C’s and/or Strata Managers will decline payment for reasons of probity.
Clearly the other side is the extenuating circumstance that lead you to, based on your Property Manger’s advice, authorise the necessary repairs to the window and its seal.
If you’re in NSW, your next option is to advise your O/C that you intend to make an Application to the NSW Office of Fair Trading for Mediation, and if that doesn’t elicit the desired response and you want to pursue a “fair and just” outcome after almost 2 years, then read THIS and lodge THIS.
Sorry, I saw bedroom and read bathroom; must be dislexicia
Notwithstanding, the problem is still with the common property and the O/C is responsible for correcting the fault and any damage it caused by it.
So whilst my advice is the same, there’s are opinions (that I don’t share) that any repainting arising from such faults is Lot Owners’ responsibility, the onus is upon you to prove that the faulty drainage (down pipe) gave rise to the damage that you repaired, and that the cost of that was reasonable.
It will do no harm to take the matter to mediation if your O/C and you can’t reach an agreed outcome or perhaps a compromise.
It was 2 years ago and $750, are you willing to spend the time and energy pursuing it? I don’t necessarily think you are wrong, but is it worth it.
You can claim that expense on your tax if you are renting the property out.